The case reinforces the necessity of informing arrestees of the grounds for their arrest and complying with preventive detention laws, establishing that unlawful arrests lead to compensation for violation of constitutional rights.

JUDGMENT :

RAMESH SINHA, CJ.

1. Heard Mr. Dhiraj Kumar Wankhede, learned counsel for the petitioner. Also heard Mr. Vivek Sharma, learned Advocate General along with Mr. Praveen Das, learned Additional Advocate General appearing for the respondents/State.

2. By way of this writ petition the petitioner has prayed for following reliefs:

“10.1 This Hon'ble Court may kindly be pleased to directed the respondents to call relevant records, pertaining to the instant matter.

10.2 This Hon'ble Court may kindly be pleased to quash the order dated 08.09.2025 as well as all the proceedings of Criminal Case No. 1379/2025, pending before respondent No. 6

10.3 This Hon'ble Court may kindly be pleased to quash the Istagasha dated 08.09.2025, prepared by the Police Chowki, Smriti Nagar against the petitioner.

10.4 This Hon'ble Court may kindly be pleased to issue an appropriate writ or direction to take disciplinary action against the private respondent no. 9 to 15.

10.5 This Hon'ble Court may kindly be pleased to direct the respondent No. 1/State, taking note of suffering and humiliation caused to the petitioner by granting a sum of Rs. 5,00,000/- (Rupees five lakhs) towards compensation to petitioner to be paid by the 'State of Chhattisgarh'.

10.6 Any other relief, which this Hon'ble Court deems, fit in the facts and circumstances may also be granted in favor of the petitioner.”

3. The grievance of the petitioner, in detail, is that the petitioner is a permanent resident of Bhilai, District Durg, and is presently pursuing graduation in law. In order to support his family and to earn his livelihood, the petitioner is managing and running a hotel situated at Kohka, Bhilai, District Durg, which is a duly registered and licensed establishment. The hotel has been established and operated strictly in accordance with law after obtaining all necessary statutory permissions, licenses, and renewals from the competent authorities under the Chhattisgarh Shops and Establishment Act, 1958, the Trade and Factory Bye-Laws, 1992, and other applicable municipal laws. The petitioner asserts that the hotel is his sole source of income and forms part of his fundamental right to livelihood.

The grievance of the petitioner further is that despite the hotel being lawfully operated, local police officials have been repeatedly interfering with the functioning of the hotel without any lawful authority. Such interference earlier compelled the petitioner to approach this Court by filing Writ Petition (C) No. 5208 of 2023. This Court, vide order dated 21.12.2023, granted interim protection in favour of the petitioner and categorically directed the respondents not to cause any hindrance in running the petitioner’s hotel. The petitioner submits that the said order continues to remain in force and is binding upon the respondent authorities.

It is the specific grievance of the petitioner that in complete disregard of the aforesaid order of this Court, on 08.09.2025, respondent police officials arrived at the petitioner’s hotel under the pretext of conducting an inquiry regarding certain guests. It is alleged that the police officials checked the hotel register and identity documents and thereafter entered a room occupied by a male and a female guest without associating any lady police constable and without adhering to the procedure prescribed under law. The guests were thereafter brought out of the room and the hotel manager was allegedly abused and intimidated